Pearl Wright
Legal
What Happens if I Want to Sell my House Whilst a Dispute is Ongoing?
Selling a house during a neighbour dispute? You must ensure that you disclose relevant information – our article gives an outline.
When you sell a house or flat you must disclose material information by completing a TA6 Property Information Form. This form contains fourteen questions with question number two requiring information about any disputes and complaints.
When you complete this question, you must disclose any ongoing dispute you are having with your neighbour. You must also explain what has happened and what has been or is being done to resolve the dispute. In addition, you will be asked to answer questions about past disputes, how they were resolved and whether they are likely to lead to disputes in the future.
This question is subjective and if you have taken any formal steps, such as complaining to the council or environmental health, or instructed a solicitor to write to your neighbour, you must disclose this here.
The purpose of the disclosure of material information is to allow the buyer to make a judgment as to whether to proceed with the purchase. Failure to disclose the existence of a neighbour dispute, past or present, could allow the buyer to take legal action against you for misrepresentation.
It should also be noted that question one of the TA6 form asks about boundaries and, again, it is important to clearly state the position regarding boundaries, who is responsible for maintaining them and whether there have been any issues with neighbouring owners regarding the boundaries.
What can you do if your neighbours are renting the property?
You should take the same approach in trying to resolve the dispute, irrespective of whether the neighbour is the owner or the tenant. You might also consider complaining to the neighbour’s landlord about their conduct. However, it is difficult to hold landlords to account for the conduct of their tenants. The only time you might be successful in holding the landlord legally responsible is if they are deliberately encouraging their tenant’s behaviour.
Does a landlord need to declare a neighbour dispute when renting a property?
Landlords have many responsibilities for the properties they let. Such responsibilities include gas, electrical and fire safety, responsibility for repairs and ensuring the property does not present a health and safety hazard.
However, when letting property, landlords do not need to declare neighbour disputes. It can be argued that if the former tenant was in dispute with a neighbour, the simple fact that they have moved out will bring an end to the dispute.
Always try to resolve neighbour disputes
It can be massively frustrating living next to a disruptive neighbour. Taking action might simply exacerbate an already difficult situation. It is important to take steps to try to resolve the dispute with your neighbour. However, if you sell your house when the dispute is ongoing, you must disclose the dispute. Failing to do this could lead to action against you if the buyers of your house can show that you have misrepresented the position. This might lead to a significant financial penalty, compounding an already unhappy situation.
William Cook, Dispute Resolution Solicitor at Mullis & Peake, said:
“Neighbour disputes are never nice and can take an age and a willingness to resolve.
There are various tactics you can employ if you are having a neighbour dispute. Mediation may well be a sensible way to seek resolution. That, however, depends on both parties being agreeable to such. That is not always the case.
As a last option, you might need to resort to the courts, however, if you do not wish to incur the time and costs consequences of doing so, you may consider cutting your losses and marketing the property for sale. There are however considerations in so doing during the course of a dispute.”